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2026 DAILYLAW 9245 (UTT)

MOHAMMAD TALIB v. STATE OF UTTARAKHAND

WPCRL/1487/2026 · 2026-07-30

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010133012026 WPCRL/1487/2026 Mohammad Talib --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Ms. Rajni Rangwal and Mr. Ankush Singhal, Advocates for the petitioner. 2. Mr. V.S. Pal, A.G.A. for the State. 3. By means of the present writ petition, petitioner seeks the following reliefs:- “i. Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 and 3 to De-Seal the medical store of the petitioner, as the petitioner is facing great hardship.” 4. In this case, an FIR was lodged on 09.07.2026, registered as FIR/Case Crime No. 89 of 2026, under Sections 22, 8 of NDPS, at Police Station-Kelakhera, District Udham Singh Nagar. 5. Learned counsel for the petitioner submits that though the petitioner has been named in the FIR, but, no contraband was alleged to have been recovered from his medical store, but, despite this, medical store of the petitioner has been seized by the Police Authorities, without there being any order from the Competent Authority. Thus, it is submitted that the Police officials failed to comply with the mandatory provisions of NDPS Act. 6. Heard learned counsel for the parties and perused the record. 7. This Court finds some substance in the submission made by learned counsel for the petitioner. 8. Since, neither any recovery of the alleged contraband was made inside the medical store, nor any contraband was alleged to have been recovered from the medical store of the petitioner, therefore, S.H.O., Kelakhera, District Udham Singh Nagar is hereby directed to open the seal of the medical store and handover the possession of the medical store to the petitioner within a period of 24 hours from the date of production of certified copy of this order. 9. With the aforesaid observation, the Writ Petition stands disposed of. (Alok Mahra J.) 30.07.2026 Ujjwal